DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging
(AG2018/6682)

LAKE IMAGING ENTERPRISE AGREEMENT - MEDICAL RECEPTION STAFF - WESTERN REGION - 2018

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 APRIL 2019

Application for approval of the Lake Imaging Enterprise Agreement - Medical Reception Staff - Western Region - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement - Medical Reception Staff - Western Region - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Radploy Pty Ltd T/A Lake Imaging. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 10 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Radploy Pty Ltd, trading as Lake Imaging, and the Health Services Union of Australia. The dispute centred around the approval of an enterprise agreement concerning medical reception staff in the Western Region for the year 2018. The matter was adjudicated in the Fair Work Commission, Australia's workplace relations tribunal. The primary legal issues the Commission had to resolve were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, and if it was appropriately negotiated and fairly represented the interests of the employees.

In examining the legal framework, the Commission considered the provisions of the Fair Work Act that govern the approval of enterprise agreements. The Commission assessed whether the agreement met the procedural requirements, including whether it was made without the influence of any improper conduct. Additionally, the Commission evaluated the fairness of the agreement's terms, ensuring they were not adverse to the employees. The Commission also looked into whether the agreement had been fairly negotiated and if the union involved in the process adequately represented the employees' interests.

The Commission concluded that the Lake Imaging Enterprise Agreement complied with the statutory requirements and was fairly negotiated. The Commission noted the procedural integrity of the agreement-making process and found no evidence of improper influence. Furthermore, the Commission determined that the terms of the agreement were not adverse to the employees and that the union had appropriately represented the interests of the staff. Consequently, the Commission approved the agreement, acknowledging its compliance with the legislative standards and its fairness to the employees involved. The Commission's decision was based on a thorough examination of the evidence presented and the legal principles applicable to enterprise agreements.

Radploy Pty Ltd T/A Lake Imaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established